Title 5 — PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD

5-304. Married women as parties. A woman may while married sue and be sued in the same manner as if she were single: provided, that except in actions between husband and wife the husband shall not be chargeable in any manner with the wife’s costs or other expenses of suit.

5-305. Husband and wife sued together. If a husband and wife be sued together the wife may defend her own right, and if the husband neglect to defend she may defend for his right also.

5-306. Infants and insane persons — Guardians ad litem. When an infant or an insane or incompetent person is a party, he must appear either by his general guardian or by a guardian ad litem appointed by the court in which the action is pending in each case. A guardian ad litem ma…

5-308. Action for seduction. An unmarried female may prosecute, as plaintiff, an action for her own seduction, and may recover therein such damages, pecuniary or exemplary, as are assessed in her favor.

5-309. Action for seduction — Prosecution by parent or guardian. The parents may prosecute as plaintiffs for the seduction of a daughter under the age of majority at the time of the seduction, and the guardian for the seduction of a ward under the age of majority at the time of s…

5-310. Action for injury to unmarried child. The parents may maintain an action for the injury of an unmarried minor child, and for the injury of a minor child who was married at the time of his injury and whose spouse died as a result of the same occurrence and who leaves no iss…

5-311. Suit for wrongful death by or against heirs or personal representatives — Damages. (1) When the death of a person is caused by the wrongful act or neglect of another, his or her heirs or personal representatives on their behalf may maintain an action for damages against th…

5-319. Death or transfer of interest — Procedure — Actions by or against public officers. An action or proceeding does not abate by the death or any disability of a party, or by the transfer of any interest therein, if the cause of action or proceeding survive or continue. In cas…

5-321. Interpleader. In an action commenced by a person possessing specific personal property which is claimed by two (2) or more persons to determine to which the property should be delivered, or in an action for the recovery of specific personal property where a third person de…

5-326. Unknown owners or heirs — Effect of judgments and decrees. Judgments and decrees rendered in actions or proceedings when persons have been made parties and served by publication of summons, shall have the same effect in all respects as if such persons had been made parties…

5-327. Personal injuries — Property damage — Death of wrongdoer — death of injured party — Survival of action. (1) Causes of action arising out of injury to the person or property, or death, caused by the wrongful act or negligence of another, except actions for slander or libel,…

5-328. State a party defendant in suit affecting title to real or personal property. In any action or proceeding, whether judicial or summary, affecting the title to real or personal property in which the state of Idaho has, or claims to have an interest, lien or claim, the state…

5-329. Service of process upon attorney general. Process or notice as required by law in any such proceeding, whether judicial or summary, may be made upon the attorney general of the state of Idaho in the same manner and within the same time limited by law with respect to other …

5-330. Immunity of persons giving emergency first aid from damage claim. That no action shall lie or be maintained for civil damages in any court of this state against any person or persons, or group of persons, who in good faith and without compensation, being at, or stopping at…

5-331. Immunity of volunteer ambulance attendant. No action shall lie or be maintained for civil damages in any court of this state against any person or persons, or group of persons, including volunteer ambulance attendants, who offers and administers first aid or emergency medi…

5-332. Consent for emergency medical treatment. The authorization or refusal of consent for emergency medical treatment under section 5-330 or 5-331, Idaho Code, shall be governed by chapter 45, title 39, Idaho Code.

5-333. Immunity of underground mine rescue participants, their employers and representatives. No person or persons engaged in underground mine rescue or recovery work who, in good faith, render(s) emergency care, rescue, assistance or recovery services at the scene of any emergen…

5-334. Act or omission preventing abortion not actionable. (1) A cause of action shall not arise, and damages shall not be awarded, on behalf of any person, based on the claim that but for the act or omission of another, a person would not have been permitted to have been born al…

5-335. General rules of pleading — Claims for relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) if the court has limited jurisdiction, a short and plain statement of the grounds up…

5-336. Demand for judgment — Default judgments. A judgment by default shall not be different in kind from or exceed in the amount that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the r…

5-338. Immunity of donors of wild game meat. (1) A donor of wild game meat for free use by a charitable organization is immune from civil or criminal liability arising from an injury or death attributable to the nature, age, condition or packaging of the donated wild game meat if…

5-339. Immunity of food donor and food bank. (1) It shall not be negligence for a donor of food to donate food apparently fit for human consumption at the time of its donation solely because: (a) The label on the food is missing or the food is otherwise misbranded; or (b) The foo…

5-340. Immunity of radio and television broadcasting organizations participating in the amber alert and blue alert systems. No cause of action shall be maintained for civil damages in any court of this state against any radio or television broadcast organization, or the employees…

5-341. immunity of employers allowing employee firearm carrying or storage. No action shall lie or be maintained for civil damages in any court of this state against an employer where the claim arises out of the policy of an employer to either specifically allow or not prohibit t…

5-342. immunity for search and rescue operations. No person serving as a volunteer member of a search and rescue operation constituted pursuant to section 31-2229, Idaho Code, may have their actions or omissions occurring during the search and rescue operation found to be the pro…

5-343. immunity of colleges and universities allowing firearms. No action shall lie or be maintained for civil damages in any court of this state against the board of regents of the university of Idaho, the boards of trustees of the state colleges and universities, a dormitory ho…

5-344. immunity — aid to person in vehicle. (1) A person is immune from civil liability for entry, including forced entry and any resulting property damage, into a motor vehicle for the purpose of removing another person from the vehicle, provided that the person entering: (a) Ha…

5-345. immunity for aid during an emergency. (1) No architect, engineer, or contractor may be held liable for personal injury, wrongful death, property damage, or other loss related to any architectural, structural, electrical, mechanical, construction, design, or other professio…

5-346. personhood status. Notwithstanding any other provisions of law, environmental elements, artificial intelligence, nonhuman animals, and inanimate objects shall not be granted personhood in the state of Idaho. Nothing in this section revokes the status of legal person in or …

5-347. IMMUNITY OF VOLUNTEER SKI OR BIKE PATROLLER. No action shall lie or be maintained for civil damages in any court of this state against any person or group of persons who, while acting in the capacity as a volunteer ski or bike patroller with qualifications meeting the stan…

5-348. IMMUNITY of VOLUNTEER SECURITY PERSONNEL — Religious organizations. (1) For the purposes of this section: (a) "Person" means an individual. (b) "Religious organization" means a body or community of persons united as individuals or as an entity, under one (1) form of govern…

5-401. Actions relating to real property. Actions for the following causes must be tried in the county in which the subject of the action or some part thereof is situated, subject to the power of the court to change the place of trial, as provided in this code: 1. For the recover…

5-402. Actions for penalties and against officers. Actions for the following causes must be tried in the county where the cause, or some part thereof, arose, subject to the like power of the court to change the place of trial: 1. For the recovery of a penalty or forfeiture impose…

5-403. Actions against counties. An action against a county may be commenced and tried in such county unless such action is brought by a county, in which case it may be commenced and tried in any county, not a party thereto.

5-404. Other actions — Venue determined by residence — Exceptions. In all other cases the action must be tried in the county in which the defendants, or some of them, reside, at the commencement of the action; or, if none of the defendants reside in the state, or, if residing in …

5-408. Transmission of papers — Costs of filing papers anew — Jurisdiction in new venue — Payment of county expenses. (1) When an order is made transferring an action or proceeding for trial, the clerk of the court must transmit the pleadings and papers therein to the clerk of th…

5-409. Actions affecting real estate — Proceedings after judgment. When an action or proceeding affecting the title to or possession of real estate has been brought in or transferred to any court of a county other than the county in which the real estate, or some portion of it, i…

5-505. Lis pendens. In an action affecting the title or the right of possession of real property, the plaintiff at the time of filing the complaint, and the defendant at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterward, ma…

5-508. Service by publication — Affidavit. When the person on whom the service is to be made resides outside of the state, or has departed from the state, or cannot after due diligence be found within the state, or conceals himself therein to avoid the service of summons, or is a…

5-509. Order of service. The order must direct the publication to be made in a newspaper to be designated as most likely to give notice to the person to be served, at least once a week for four (4) consecutive weeks. In case publication is ordered where the residence of a nonresi…

5-510. Service on one of joint defendants. When the action is against two (2) or more defendants jointly or severally liable on a contract and the summons is served on one (1) or more but not on all of them, the plaintiff may proceed against the defendants served in the same mann…

5-513. Summons against nonresident owner of public utility — Lien of judgment. Where any suit has been commenced in any court of this state upon any cause of action arising therein against any nonresident, firm or person engaged in the ownership and control of any electric light …

5-514. Acts subjecting persons to jurisdiction of courts of state. Any person, firm, company, association or corporation, whether or not a citizen or resident of this state, who in person or through an agent does any of the acts hereinafter enumerated, thereby submits said person…

5-515. Service of process on persons enumerated in preceding section — Personal service outside state. Service of process upon any such person, firm, company, association or corporation who is subject to the jurisdiction of the courts of this state, as provided herein, may be mad…

5-516. Limitation on causes of action. Only causes of action arising from acts enumerated herein may be asserted against a defendant in an action in which jurisdiction over such defendant is based upon this section.

5-517. Service in other manner unaffected. Nothing herein contained limits or affects the right to service of process in any other manner now or hereafter provided by law.

5-518. Service of process in child support matters. Service of process in an action to establish or enforce a support obligation may be made in the manner prescribed for service of process in a civil action by a duly authorized process server, or by certified mail, return receipt…